| Rivera v Kleinman |
| 2009 NY Slip Op 08077 [67 AD3d 482] |
| November 10, 2009 |
| Appellate Division, First Department |
| Gretchen Rivera et al., Appellants, v Paul G. Kleinman,M.D., et al., Respondents. |
—[*1] McAloon & Friedman, P.C., New York (Timothy J. O'Shaughnessy of counsel), for Paul G.Kleinman, M.D. and Carl Wilson, M.D., respondents. Garbarini & Scher, P.C., New York (Thomas M. Cooper of counsel), for Claire Bello, M.D.,K. Curo, P.A. and St. Barnabas Hospital, respondents.
Judgment, Supreme Court, Bronx County (Alan Saks, J.), entered January 6, 2009,summarily dismissing the complaint, unanimously affirmed, without costs.
Plaintiffs' expert stated that the infant patient's injury and pain resulted from orthopedichardware installed by defendants during hip surgery, which caused a protuberance thateventually punctured the skin. Defendants had advised plaintiff mother that the hardware shouldbe removed between 18 and 24 months after surgery. There was no relevant pain prior to thattime, but thereafter, the pin began to protrude, causing pain. Since plaintiffs failed to have theprescribed removal procedure until 3½ years after the installation surgery, their inactionbecame the superseding cause of the injury (see Merritt v Saratoga Hosp., 298 AD2d802, 805 [2002]).
We have reviewed plaintiffs' remaining arguments and find them without merit.Concur—Tom, J.P., Friedman, Nardelli, Buckley and Richter, JJ.